United States · Last updated September 7, 2026
Florida is an all-party consent state: under the Florida Security of Communications Act, every party to a private communication must consent before it is recorded.
Governing law: Florida Security of Communications Act, Florida Statutes § 934.03.
Sales and support teams recording Florida residents should announce the recording at the start of every call and capture that the other party consented. Secret recording of a private call is a criminal offense, not just a civil risk.
Illegal interception is a third-degree felony in Florida (up to five years imprisonment and fines), and the injured party may also pursue civil damages.
"I want to flag before we begin that this call is being recorded. Are you happy to continue on that basis?"
Plain-language summaries of the sections that matter for recording a call. Each one links to the official text and has its own anchor, so you can cite a specific section.
Fla. Stat. § 934.02(2)
Defines an oral communication as one uttered by a person exhibiting an expectation that it is not subject to interception, under circumstances justifying that expectation, and excludes public oral communications at a public meeting. This is the privacy-expectation threshold: a private business call meets it, a conversation shouted across a public square does not.
Official textFla. Stat. § 934.03(2)(d)
The consent exception. Interception is lawful when all of the parties to the communication have given prior consent. Florida does not have a one-party exception for private individuals, which is what makes it an all-party state. A recording notice at the start of the call that the other party then continues is the usual way prior consent is established.
Official textFla. Stat. § 934.03(4)
Intercepting or recording a wire, oral or electronic communication in violation of the section is a felony of the third degree, punishable by up to five years imprisonment. The reduced first-offense misdemeanor in § 934.03(4)(b) applies only to certain unencrypted radio communications, not to phone or video calls, so do not rely on it for a business call.
Official textFla. Stat. § 934.10
Any person whose communication is intercepted, disclosed or used in violation of the chapter may sue for actual damages or liquidated damages of $100 a day for each day of violation or $1,000, whichever is higher, plus punitive damages and reasonable attorney fees and litigation costs.
Official textWhen the other side of the call is in Florida, the safer course is to follow the stricter of the two rules. Each row is the verdict for a caller recording from that jurisdiction, with the script to read at the start.
| Recording from | Their rule | Safer course on the call | Script |
|---|---|---|---|
| Estonia | GDPR + notice | All-party consent | Get the script |
| Finland | GDPR + notice | All-party consent | Get the script |
| Latvia | GDPR + notice | All-party consent | Get the script |
| Lithuania | GDPR + notice | All-party consent | Get the script |
| Poland | GDPR + notice | All-party consent | Get the script |
Cross-border calls can pull in the other side's stricter rule. Check the pair in our consent checker and get the disclosure script to read at call start.
Only with the consent of all parties. Florida is an all-party consent state, so every participant in a private call must agree before it is recorded.
Yes. Florida is a two-party consent state, more precisely an all-party consent state. Under § 934.03(2)(d) interception is lawful only when all parties to the communication have given prior consent.
Yes, if everyone on the call has agreed beforehand. Announce the recording at the start, before anything substantive is said, and keep the announcement in the recording. Recording a private call without that consent is a third-degree felony.
Yes, for a private communication. Recording without all-party consent is a felony of the third degree under § 934.03(4)(a), with up to five years imprisonment, and the person recorded can sue under § 934.10 for at least $1,000 in liquidated damages plus punitive damages and attorney fees.
The statute protects oral communications where the speaker has a reasonable expectation that they are not being intercepted. A conversation in a public place within earshot of others may fall outside that, but a phone or video call does not, so do not rely on the public-place argument for a business call.
Yes. Recording a private communication without all-party consent can be charged as a third-degree felony under Florida Statutes § 934.03.
Assume it does whenever a Florida resident is on the line. For a seller in a one-party state, or in Estonia, Finland or Poland, calling into Florida, the safer course is to get every participant's consent. The cross-border checker gives the verdict and the script for any pair.
Teneks records, transcribes, and analyzes calls with recording notices, access controls, and retention settings, so your team captures every conversation while staying on the right side of the rules. See how we handle data on our security page, or read the Baltic & Nordic recording guide.
This page is general information, not legal advice. Call recording and data protection rules change and depend on your specific situation. Confirm the current rules with a qualified lawyer in the relevant jurisdiction before recording.